Legal Opinion

Lockwood v. City of Portland

Court of Appeals for the Ninth Circuit

Decided April 2, 1923No. 3962PublishedCited by 9 opinions

1Opinion of the CourtRudkin, Circuit Judge

(after stating the facts as above). The following propositions are so firmly established as to require no citation of authority in their support: First, subject to the limitations contained in the Constitution of the United States, and in its own Constitution, the power of a state to vacate public streets within its borders is plenary and absolute; second, this power may be delegated to municipal corporations; and, third, a court of equity cannot review the action of the municipal authorities in the exercise of the power thus delegated in the absence of fraud or a plain abuse of power.

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2Cases cited9 opinions

  1. Hawley v. Mayor of BaltimoreCourt of Appeals of Maryland · 1870
  2. City of East St. Louis v. O'FlynnIllinois Supreme Court · 1887
  3. Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
  4. Freeman v. City of CentraliaWashington Supreme Court · 1912
  5. Enders v. FridayNebraska Supreme Court · 1907

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. City of Lynchburg v. PetersSupreme Court of Virginia · 1926
  2. Ralph v. HazenCourt of Appeals for the D.C. Circuit · 1937
  3. Balanced Rock Scenic Attractions, Inc. v. Town of ManitouCourt of Appeals for the Tenth Circuit · 1930
  4. People v. City of OaklandCalifornia Court of Appeal · 1929
  5. Cooke v. City of PortlandOregon Supreme Court · 1931

4 more not listed; retrieve them via the Exa API.

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